HomeMy WebLinkAboutItem 03 - CU11-14 WalgreensCC ITEM #
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TO. HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
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FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: JULY 19, 2011
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU11 -14. WALGREENS
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Grapevine
Lake 5?� APPLICANT: Marcus Schwartz
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PROPERTY LOCATION AND SIZE:
5 The subject property is located at 912 West
Northwest Highway, Lot 1, Block 1, Dean /Davis
Hall,lohnsord Addition. The addition contains 2.598 acres. The
property has approximately 297 feet of frontage
along Pony Parkway, and 329 feet of frontage along
� West Northwest Highway.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the greviously approved site
Ilan of CU03 -21 (Ord. 03 -48) to allow a drug store with a drive - through window and an
increase in allowable coon of sign, specifically to allow the Possession, storage, retail sale
and off - premise consumption of alcoholic beveraqes (beer and wine only) in coniunction
with a retail store.
The applicant proposes to add beer and wine sales in the existing 14,286 square foot drug
store. In 2003 the site was approved for a drug store with a drive - through and monument
sign with changeable copy. The Code of Ordinances establishes a minimum distance of
300 feet from any church, school or public hospital in order for a business to sell alcoholic
beverages. The measurement of the distance from a public school is measured from
nearest property line of the public school, along street lines to the nearest public entrance
of the business. The distance for the applicant's request is 362 feet.
0:Izcu /CU11 -14.4 1 July 14, 2011 (8:17AM)
PRESENT ZONING AND USE:
The property is currently zoned "HC ", Highway Commercial District and is developed with
an existing Walgreens drug store.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property and an area just north of the property were rezoned in the 1984 City
Rezoning from "C -C" Community Commercial to "HC" Highway Commercial. A conditional
use permit was approved in 1993 (CU93 -12) for the subject property, allowing the
possession, storage and retail sale of alcoholic beverages (beer and wine only) with off -
premise consumption in conjunction with retail grocery sales. A variance was also approved
on the site (BZA93 -38) for a special exception allowing the site to exist as developed. The
property to the north was rezoned from "HC ", Highway Commercial District to "GU ",
Governmental Use District in 1999. Grapevine Middle School was subsequently developed
on the site. The surrounding area was rezoned in the 1984 City Rezoning from "C -2"
Community Business to "HC" Highway Commercial. Comcast Cable, located to the east of
the subject site, has a specific use permit for a cable broadcasting service. The vacant gas
station, located to the south, was rezoned in the 1984 City Rezoning from "R -1" Single
Family to "HC" Highway Commercial. A conditional use permit was approved in 1991 (CU91-
02) for a gasoline station with retail beer sales with off - premise consumption. Kwik Kar Lube,
also located to the south, had a conditional use permit approved in 1991 (CU91 -03) for
automotive repair. The subject site was home to the former Burrus /IGA market and at the
July 15, 2003 meeting; Conditional use permit CU03 -21 (Ord.03 -48) was approved to allow a
freestanding drug store with a drive- through window and an increase to the amount of
changeable copy on a monument sign.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "GU ", Governmental Use District — Grapevine Middle School.
SOUTH: "HC ", Highway Commercial District — Kwik Car Lube and a Texaco
gas station.
EAST: "HC ", Highway Commercial District — Time Warner Cable facility
WEST: "HC ", Highway Commercial District — Import Car Center
AIRPORT IMPACT:
The subject tract is not located within any of the noise zones as defined on the "Aircraft
Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map.
017cu1CU11 -14.4 2 July 14, 2011 (9:17AM)
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as Commercial. This request is in
conformance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates Northwest Highway as a Type C Minor Arterial with a
minimum 80 -foot right -of -way developed as four lanes with a turn lane.
/at
0: /zcu /CU11 -14.4 3 July 14, 2011 (8:17AM)
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1 inch = 30Q.feet
CUl 1-14
Walgreen s
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FT A I
GRAPEVINE CITY OF
CONDITIONAL USE APPLICATION
Form u11"
PART 1. APPLICANT INFORMATION
now ofeppft"t/ corr+paryNrargact
Applicant Walgroens Co. Agent: Dardere Wynne Sewall LLP - Contac(~ Marcus Schwartz
shoat address of*ppA =W1Aow*
Applicant: 200 Wilmot, Rd Agent: 600 Congress Ave., Ste. 3000
Cray /state /2!p Coda of4*&ant /e9ant
pOc:ant: Deerfield, IL 60015 Agent: Austin, TX 78701
TalephoaenomberorsAo c"Inuend.- t
Pox nuhrberofgvkBnUaganf
Agent: (512) 542 -7012
Agent, (512) 542 -7212
W.0.dares- of oppAr ar Agent
hlL* ie phone nrsnber of6ppk-WeQMt
Agent:
AppRca db b7lares1 ft 6Affi0t pra 0*'
Leaseholder
PART 2.PROPERTY INFORMATION
sdaet addrasa oaFsubjW pfwe*
912 West Northwest Highway
Leget deemoffin of iWant MWW (mom d beam meat he das___on 81@ "X 11-sh"a
Lot 1 Bhdr Ad amen DeanWayja Addltion
sera of vt4Wof property
2A49 Aom I'monrlty. 108 87613tore: 1401) 5 [ODhW
preaerdzonA�dasafAoetion:
P,%vused use oftheproperty:
HC -Highway Comm archal
Currently a pharmacy - wishes to add sales of beer and wlna for aff- premise consumption
Afh imam /maxfmrmr dlBM irks for cnno?lbnal we request:
zoo,g or*ranoo provision r&wkkrg a concri%ua t uss:
Ord No. 82 -73 Sam 28(0)(4) & 5ea 42(13)(2) Additionally, a waiver is requested under City Ordinances Section 411
PART 3. PROPERTY OWNER INFORMATION
Name ofarrmam pmpart OMW.
Woodgmen YX L.L.0
6V*dadafaae'ofproperfy omw.
Attn: Woods Managemant LLC, 505 Chestnut St
cb' /State /X$o Code afpmpedy ommer,
NY 1151 t3 -2223
LCedarhurst.
Ra+nharofproperty owner.'
4 -7000
u Submit a fetter dwarlbfng the proposed conditional use and now the request on the SFWa plan documem on the cular condttlonaf
ci In Me aanl b ter, dewriba or show on the afte plan, and cxmd malnegvi aments orcondiioris knposed up part!
t we byappNoable dfstdrd regulations (example: buffer yards, dstam a between users)
t] fn the same letter, describe wfrethertheproposed c ondfonaf use wff, or wX not cause subskMaf harm to the value, use, or enjoyment of
other propeerty in the neighborhood. Also, deacdbe howfbo pmpom d cane owl use WN add to the value, use orenjoyment Of other
property in the ndfghbodiaod.
a Applioaflon of site plan approval (Swoon 47 we attached Form '81.
Q The site Alan ek shy ymeat the regaftments.of Sedbn 47 Site Plan a!gyMenta.
t3 Ay oonddionat use and cwiddNotiai use app! one ate assumed to be complete when tiled and wpf be placed on the agenda forpublia
hewing at the des"fhn orthe r(aff. b3sssd on the arze of the agenda, yaw appHCWW maybe scheduled to a later data.
Cl All public heemrgs off be opened and tesfiannygiven by applicants and Interested rlfUzwW- Pubflc hearings maybe congnued to the
next public heaft. Pubic hearings %W not be tabled.
a Any changes to a aft plan (no amderhowminoror meAd appmvad with a comfilknaf use orconditlonal use perm# can ontybe approved
by Qtly counuff through the public hearing pr pews.
E3 l have read and understand aft the nequuaernants as set forth by the application for oondflona) use or conditional use permit and
aclmoe Chet all LArements of this a floe have been mat et the flme of !.
PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEMW PLACE A CONDITIONAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY
Margarita Kellen 7IL,
PriritAPPlfaani'sName: A Ns
Illinois
the state of
County of Lake
WoM tie M p k L- e aaa on thisdaypern ViWeamd Margarita Kellen
(nolarY) (OPP&WO
known to me (or proved to me on the oath of card or other docrOW ra be the parson whose name 4 subscribed to the fore o rw benm ent and
aoknoWadgedto me that he exaacrtedtha Same tbrihe purposes expressed.
(Seat] Wven under myhand and sedurofAce t is 13th
OFFICIAL SIAL
MARY K LEONARD
Notary Public - State of Illinois
In commission Wires Oct. 2$ 2013
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Rit,6rd Io W bj fid l -WJ, f,,'V Lc
Prhrt property dun= Nume.
The state cf Iy
May A n 2011
County Of &{A S J�
Before 0 J t, J AN J c r'y a.. , on fhls daypersonaRy appeared � C �'� t
f�n+1 amperwofto
known fir me (ar pmed to me on the oath of card or other docur =O to be the person whose name 1.9 subscribed to tha foregoing instrument end
acknowledged io rae that he exec ated the carne lorfhe purposes and constderadw therm aWmased,
( Sea# Gfta ndermy hand end saaf ofof s, fhfa 1 7 � of 1111"1 _ . A IX 9�? If
SUSAN MASCIOLI
6 Notary Public, State of Now)
hbterylnAnd For Met eQftlt�as Oualified in Nassau Count-
Commission Expires April 30,
1 JUN 12011 IU
ACKNOMEDGEMENT
All Conditional Use and Special Use Applications are assumed to be complete
when filed and will be placed on the agenda for public hearing at the discretion of
fire staff. Based on the size of the agenda, your application may be scheduled to a
lamer date.
AN public hearings will be opened and festimony given by applicants and
Interested citizenry. Public hearings may be continued to the next public hearing.
Public hearings will not be tabled
Any changes to a site plan (no matter how minor or major) approved with a
conditional use or a special use permit can only be approved by city council
through the public hearing process
Any application for a change in zoning or for an amendment to the zoning
ordinance shall have, from the date of submittal, a period of four months to
request and be scheduled on an agenda before the Planning and Z'onlag
Commission and City Council. if after said period of four months an application
has not been scheduled before the Commission and Council .gold application shall
be considered withdrawn, with forfeiture of all filing fees. The application, along
with the required filing fee may be resubmitted any time thereafter for
reconsideration. Delays in scheduling applications before the Planning and
Zoning Commission and City Council created by city staff shall not be considered
a part of the four month period.
I have read and understand all of the requirements as set forth by the application
for conditional use or special use permit and acknowledge that all requirements of
this application have been met at thp;lrpe of submittal.
Signature of Applicant
Date: 05/1 3/2011
Signature of Owner
Date. S/17/Z01 (
Margarita
I
attorneys and counselors m, www.gardere.com
May 25, 2011
City of Grapevine
Development Services
Planning Division
200 S. Main St.
Grapevine, TX 76051
(817) 410 -3155
Marcus Schwartz
Direct Number (512) 542 -7012
Facsimiie (512) 542 -7212
mschwartz®gardere.com
BYLONESTAR OVERNIGHT
Re. Walgreen Co. Application Information for City of Grapevine
Conditional Use Permit and Variance Request for Sale of Beer and
Wine for Off - Premises Consumption at Walgreens #02020, located at
912 W. Northwest Hwy.
To Whom It May Concern:
I represent Walgreen Co., as the applicant's agent, in this, its application for a
conditional use permit ( "CUP ") from the City of Grapevine to allow for the sale of beer
& wine sales (for off - premise consumption only) at the business of Walgreens #02020,
located at 912 W. Northwest Hwy., Grapevine, Texas 76051 (the "Store "). This letter
should accompany the application attached hereto and is meant to explain the existing use
and proposed use as well as provide justification for this request.
INTRODUCTION
Walgreens has operated this location in Grapevine for a number of years.
Recently, Walgreen Company ( "Walgreen Co. "), the owner of this Walgreens business,
has begun obtaining Texas Alcoholic Beverage Commission ( "TABC ") licenses and/or
permits for the sale of beer and/or wine for off - premise consumption throughout the State
of Texas. As of today, Walgreens has obtained over 580 TABC licenses and/or permits
in Texas. In obtaining these permits, Walgreen Co. has shown itself to be in compliance
with municipal, county, and state laws regarding licensing, permitting, and the continued
operation of its businesses. With the granting of a CUP and certification of the Walgreen
Co. TABC application by the City of Grapevine for this location, Wal s'A
AUSTIN 38739v2
GARDERE WYNNE SEWELL LLP
■ Phone (512) 542 -7000 Fax (512) 542 -7200
Austin ■ DalIas 0 Houston rr Mexico City
JUN 12011
Walgreens #02020 CUP Application Explanation Letter
Page 2
continue to uphold its high standards and maintain compliance with all applicable
licensing and permit provisions of the Texas Alcoholic Beverage Code, as well as all
ordinances and rules of the City.
Walgreen Co. is a socially responsible corporate citizen of Grapevine and all the
other communities it calls home. Its stores are committed to continuing with its great
efforts in community outreach. For example last fiscal year, Walgreen Co. provided over
$20 million worth of product to the nation's largest network of food banks, it provided
more than a million free health screenings last year, and continues to support a variety of
health care and education - related organizations.
EXISTING ZONING AND PROPOSED USE
The Store currently has a zoning classification of Highway Commercial.
Walgreen Co. seeks this CUP in order to sell beer and wine for off - premise consumption
at the Store.
JUSTIFICATION FOR THE REQUESTED VARIANCE AND CUP
I. Variance
This Walgreens is currently catty - cornered from C -Store #1, holder of TABC
license number BQ576070 and located at 101 Ball Street, that sells wine and beer for off -
premise consumption. This location is some 400 feet from the school's property line.
Just over 300 feet west of the Store is Bo Bo China Restaurant, holder of TABC license
number MB177837 and located at 1112 W. Northwest Hwy., which can sell mixed
beverages including hard alcohol, as well as beer and wine for on- premise consumption.
This restaurant is located less than 300 feet from the property line of Grapevine Middle
School. Just west of this location is located the PDQ Foods/Grapevine Market
convenience store, which holds TABC license number BQ527766 and is located at 1216
W NW Hwy., that sells beer and wine by in -store and drive- through purchase. This
convenience store is located some 600 feet from the Walgreens and some 500 feet from
the Grapevine Middle School property line. To the east of the Store some 900 feet is Lo
Nuestro Restaurant, holder of TABC license number BQ511445 and located at 503 W
NW Hwy. This restaurant has the ability to sell beer and wine for off-premise
consumption and is just over 350 feet from the Grapevine Middle School's property line.
As there are numerous sellers in the immediate vicinity of the Store and the Middle
School, an additional seller of beer and wine in this area, especially considering this
Walgreens does not aim to make a large percentage of its gross receipts from the sale of
alcohol as a neighborhood drug store, would not be detrimental to the public health,
safety, and/or welfare of the citizens of Grapevine or the students within Grapevine
Middle School.
Furthermore, every employee in the store will have alcohol training, and all
employees ages 21 and over will have TABC alcohol training certifications. Only those
employees with TABC certifications will be allowed to sell beer and v ta aLgamcm
ECEiV
AUSTIN 38739v.2
JINN 12011
Walgreens #02020 CUP Application Explanation Letter
Page 3
If there is an employee under age 21 ringing a register and a customer would like to
purchase alcohol, another employee over the age of 21 has to go the register to make the
decision to sell or not. Additionally, the technology to be used at the store's registers will
not allow a sale to go through without a check of the ID of the potential buyer (done to
confirm the customer's date of birth). Furthermore, as all employees allowed to sell beer
and wine will be TABC certified, they will be well versed in TABC and state law
requirements as to what constitutes a proper sale of beer and wine. The courses which
provide this certification cover the laws applicable to the sales or service of alcoholic
beverages to minors and intoxicated persons. The courses teach techniques to identify
these persons and prevent sales to them, as well as teaching a variety of other laws and
responsibilities that come along with the sales of alcoholic beverages.
In seeking this variance, Walgreen Co. is simply seeking to add an additional
product to the wide variety it already offers to its customers. Furthermore, great care will
be extended to ensure the proper and lawful sale of beer and wine should the variance be
granted.
II. Conditional Use Permit
The introduction of beer and wine sales for off - premise consumption will not
change the actual use of the premises. The Store will still be a retail establishment that is
primarily a neighborhood drug store. Alcohol sales will not substantially increase traffic
congestion or create overcrowding in the establishment or in the immediately
surrounding area. Walgreen Co. designs its stores to be consumer friendly. Customers
would still be able to pick out their desired products, whether this includes wine and beer
or not, pay for this merchandise, and exit the store quickly. As beer and wine sales are
for off - premise consumption only, overcrowding should not be an issue. Furthermore, as
mentioned above, there are several establishments that sell alcohol within the immediate
vicinity. Thus, a consumer wishing to purchase beer or wine may pick any of these
establishments to purchase their product. As a result, a substantial increase in traffic
congestion or the overcrowding of the establishment or immediately surrounding area is
not likely to occur.
Walgreen Co. is committed to providing for the safety and well being of its
customers. It is believed that since this CUP is desired for off -premise consumption, the
likelihood of incidents involving drunkenness, disorderly conduct and raucous behavior
is greatly reduced and will likely be non-existent. Furthermore, Walgreens, as a
dispenser of both prescription and over - the - counter drugs, is experienced in providing
appropriate control over its establishment for the benefit of all its customers. Walgreens
will also take measures to ensure, like tobacco and other age restricted products it
currently sells within the Store, that no alcohol will be sold to minors. The Store will
likewise continue to run a safe, sanitary, and welcoming business for the citizens of
Grapevine if the requested CUP is awarded. The Store will not produce excessive noise,
dirt, litter and odors in the establishment and in the surrounding area. In fact, the
introduction of beer and wine for ofd premise consumption sales should not be expected
AUSTIN 38739x.2 110
JUN 12011
P
Walgreens #02020 CUP Application Explanation Letter W.
Page 4
to change much of anything in relation to how the store currently operates. As such, no
disturbances to surrounding property owners or the community at large should occur and
compliance with all applicable city ordinances and state Iaws will be followed.
Based upon the foregoing, on behalf of Walgreen Co., I respectfully request that
this CUP application and variance be approved forthwith.
Should you have any questions or require further information or explanation
regarding anything found herein, please do not hesitate to contact me at (512) 542 -7012
or via email at mschwartz@gardere.com or my colleagues, Dewey Brackin, at (512) 542-
7025 or via email at dbrackin @gardere.com, and Ashley Anderson, at (214) 999 -4881 or
via email at aanderson@aardere.com. aardere.com. I expect Mrs. Anderson to represent our firm and
Walgreen Co. in any hearings in regards to this matter.
Sincerely,
Marcus Schwartz
AUSTIN 38739v.2
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ORDINANCE NO.
AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN
ACCORDANCE WITH SECTION 48 OF ORDINANCE
NO. 82 -73, THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO
KNOWN AS APPENDIX "D" OF THE CITY CODE, BY
GRANTING CONDITIONAL USE PERMIT CU11 -14 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.
2003 -48 FOR THE POSSESSION, STORAGE, RETAIL SALE
AND OFF - PREMISE CONSUMPTION OF ALCOHOLIC
BEVERAGES (BEER AND WINE ONLY) IN CONJUNCTION
WITH A RETAIL STORE IN A DISTRICT ZONED "HC"
HIGHWAY COMMERCIAL DISTRICT ALL IN ACCORDANCE
WITH A SITE PLAN APPROVED PURSUANT TO SECTION
47 OF ORDINANCE NO. 82 -73 AND ALL OTHER
CONDITIONS, RESTRICTIONS AND SAFEGUARDS
IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING
MAP; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; PROVIDING A CLAUSE RELATING
TO SEVERABILITY; DETERMINING THAT THE PUBLIC
INTERESTS, MORALS AND GENERAL WELFARE DEMAND
THE ISSUANCE OF THIS CONDITIONAL USE PERMIT;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED UPON EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, an application was made requesting issuance of a conditional use
permit by making applications for same with the Planning & Zoning Commission of the City
of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of
Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been
complied with, the case having come before the City Council of the City of Grapevine,
Texas, after all legal notices requirements, conditions and prerequisites having been
complied with; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council did consider the following factors in making a determination as to
whether this requested conditional use permit should be granted or denied: safety of the
motoring public and the pedestrians using the facilities in the area immediately surrounding
the site; safety from fire hazards and measures for fire control; protection of adjacent
property from flood or water damages, noise producing elements, and glare of the
vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting, and types of signs and relation of signs to traffic control
and adjacent property; street size and adequacy of width for traffic reasonably expected to
be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance foroff- street parking
facilities; location of ingress and egress points for parking and off - street locating spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on
the promotion of health and the general welfare; effect on light and air; the effect on the
overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewerage, schools, parks and other facilities; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council of the City of Grapevine, Texas, did consider the following factors
in making a determination as to whether this requested conditional use permit should be
granted or denied; effect on the congestion of the streets, the fire hazards, panics and
other dangers possibly present in the securing of safety from same, the effect on the
promotion of health and the general welfare, effect on adequate light and air, the effect on
the overcrowding of the land, the effect on the concentration of population, the effect on
the transportation, water, sewerage, schools, parks and other public facilities; and
WHEREAS, all of the requirements of Section 48 of Ordinance No. 82 -73 have been
satisfied by the submission of evidence at a public hearing; and
WHEREAS, the City Council further considered among otherthings the character of
the existing zoning district and its peculiar suitability for particular uses and with the view to
conserve the value of buildings and encourage the most appropriate use of land
throughout this City; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is
a public necessity for the granting of this conditional use permit, that the public demands it,
that the public interest clearly requires the amendment, that the zoning changes do not
unreasonably invade the rights of those who bought or improved property with reference to
the classification which existed at the time their original investment was made; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that the
conditional use permit lessens the congestion in the streets, helps secure safety from fire,
panic and other dangers, prevents the overcrowding of land, avoids undue concentration of
population, facilitates the adequate provisions of transportation, water, sewerage, schools,
parks and other public requirements; and
WHEREAS, the City Council of the City of Grapevine, Texas, has determined that
there is a necessity and need for this conditional use permit and has also found and
determined that there has been a change in the conditions of the property surrounding and
in close proximity to the property requested for a change since this property was originally
classified and, therefore, feels that the issuance of this conditional use permit for the
particular piece of property is needed, is called for, and is in the best interest of the public
ORD. NO. 2
at large, the citizens of the City of Grapevine, Texas, and helps promote the general health,
safety and welfare of this community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That the City does hereby issue a conditional use permit in
accordance with Section 48 of Ordinance No. 82 -73, the Comprehensive Zoning Ordinance
of the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code,
by granting Conditional Use Permit CU11 -14 to amend the site plan approved by
Ordinance No. 2003 -48 for a drive through window and an increase in the allowable
changeable copy on a sign, specifically to allow the possession, storage, retail sale and off -
premise consumption of alcoholic beverages (beer and wine only) in conjunction with a
retail store (Walgreens) in a district zoned "HC" Highway Commercial District within the
following described property: Lot 1, Block 1, Dean /Davis Addition (912 West Northwest
Highway) all in accordance with a site plan approved pursuant to Section 47 of Ordinance
No. 82 -73, attached hereto and made a part hereof as Exhibit "A ", and all other conditions,
restrictions, and safeguards imposed herein, including but not limited to the following:
None.
Section 2. That the City Manager is hereby directed to amend the official zoning
map of the City of Grapevine, Texas, to reflect the herein conditional use permit.
Section 3. That in all other respects the use of the tract or tracts of land herein
above described shall be subject to all the applicable regulations contained in said City of
Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of
Grapevine, Texas.
Section 4. That the zoning regulations and districts as herein established have
been made in accordance with the comprehensive plan for the purpose of promoting
health, safety, morals and the general welfare of the community. They have been
designed with respect to both present conditions and the conditions reasonably anticipated
to exist in the foreseeable future; to lessen congestion in the streets; to secure safely from
fire, panic, flood and other dangers; provide adequate light and air; to prevent
overcrowding of land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water, parks and other
public requirements, and to make adequate provisions for the normal business, commercial
needs and development of the community. They have been made with reasonable
consideration, among other things, of the character of the district, and its peculiar suitability
for the particular uses and with a view of conserving the value of buildings and encouraging
the most appropriate use of land throughout the community.
Section 5. That this ordinance shall be cumulative of all other ordinances of the
City of Grapevine, Texas, affecting zoning and.shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances which are in
direct conflict with the provisions of this ordinance.
ORD. NO. 3
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of
land described herein shall be declared to be invalid, the same shall not affect the validity
of the zoning of the balance of the tract or tracts of land described herein.
Section 7. That any person violating any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum
not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 8. That the fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 19th day of July, 2011.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4
0
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LOT 1, BLOCK 1, EDUCATION ADDITION
C.A.BUNTIET.k SLIDE 6226,P.R,T.CT
IGPAPFVINE ISIDDLE SCHOOL)
ZONED GU - c3ovERNAIENTAL USE
S 69*48'40'E 162.70'
3� T
ul- I
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T4 4-
359'
0
One Story Brick Commercial Building
912 West Northwest Highway
3'r 25.7
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1 1 1 1 1 11
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Be M X" pw AWM PA T.rr.
Length - 82.79
Radius - 240.59
Cen. Angle - 1914323"
Chord - S 09012 04"W
82..(S'
O
6! 4'F1
CASE NAME: WALGREENS
CASE NUMBER Chit-14
LOCATION: 912 WEST NORTHWEST HVW
MAYOR --SECRETARY
DATE:
PLANNING AND ZONING COMMISSION
CHAIRMAN
DATE
SHEET _OF_
APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFUCT,MTH ANY
CODES OR ORDINANCES
DEPARTMENT OF DEVELOPMENT SERVICES
NOTES:
24', V qd
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF TITLE SEARCH OR
►
ABSTRACT OF EASEMENTS. THERE MAY BE EASEMENTS AND/OR RIGHTS -OF -WAY
Length - 54.12'
AFFECTING THIS PROPERTY WHICH ARE NOT SHOWN HEREON.
Radius - 259.50'
Can, Angle - 12*04'56" Qy
Chord - S 13*01'15"W
THIS EXHIBIT WAS PREPARED FOR AN APPLICATION FOR A CONDITIONAL USE
PERMIT TO THE CITY OF GRAPEVINE. IT IS NOT CERTIFIED FOR ANY OTHER USE.
54.62
NOTE PER CITY OF GRAPEVINE:
A. CONDITIONAL USE REQUEST CUI 1-14 IS A REQUEST TO AMEND THE
PREVIOUSLY APPROVED SITE PLAN OF CU03-21 (ORD. 03-48) FOR A DRIVE
THROUGH WINDOW AND AN INCREASE IN THE ALLOWABLE CHANGEABLE
COPY OF A SIGN, SPECIFICALLY TO ALLOW THE POSSESSION, STORAGE,
Length - 44,66'
RETAIL SALE AND OFF -PREMISE CONSIMPTION OF ALCOHOLIC BEVERAG
� Radius - 335.00'
(BEER AND WINE ONLY) IN CONJUNCTION WITH A RETAIL STORE. U
2� Cen. Angle - 7*338'20"
B. THE ENTIRE SITE IS THE PREMISE.
Chord - 5 03139.36"W
44.63' JUN 3 0 2011
1. J— B. R—fwg, Ream-ed Professional L.dS—eyprN.
L" 5 665 z. Ih. S— fTe.- —fy 'h. Ns pl.
--e—, -d—h. g.-d -d—y wp—i--
Ap.] 27. 2011 of L. 1. Block 1, D—,D-. Addifim, be.,;
Z-"3, t pop I ada.. . the 6,y 4Cap.— T— aaordmg to du phi
rh—f worded M Cabinet A. Slid, 8706, PIS R—i—f m1i
'V1. -1:114
T— C—tv. Tmmd t mha the bound�— Itand
dep-.--h— I —
Surveying, Inc.
S 44014'55"W
22.88'
of
Residential - 134mmerdW - Munico
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430 Mid aties Blvd
Hurst. Texas 76054
817.577.1062 Fax 817.6n.0792
SITE DATA:
www.MWerStnvvyvtg-imcDm
BUILDING HEIGHT: ONE STORY 25 to 28 FEET Sue"
MAXIMUM: TWO STORY 36)
TOTAL BUILDING AREA 14,286 SF (EXT. FOOTPRINT: A Site Survey of
PAVED AREA: 72,378 SF TOTAL IMPERVIOUS
REST NOR THWES THIGMEA Y SURFACE: 71,090 SF 65% OF LOT (MAXIMUM 85%) Lot 1, Block 1,
(STATE WGHWAY114) TOTAL FRONT YARD OPEN SPACE (LANDSCAPED %rUJ "I"T"I"N
AREA) 27,593 SF 25% OF TOTAL LOT (MINIMUM: DEAN / DAVIS A n D U
an addition to the City of Grapevine, Texas according to the plat thereof
4 HANDICAP ACCESSIBLE PARKING SPACES recorded in Cabinet A, Slide 3706, Flat Records, Tarrant County, Texas
NUTES:
THIS SURVEY WAS PERFORMED WITHOUT THE BEN EFTT OF A TITLE SEARCH OR ABSTRACT OF EASEMENTS. THERE MAY
BE EASEMENTS AND/OR RIGHTS -OF -WAY AFFECTING THIS PROPERTY WHICH ARE NOT SHOWN HEREON.
THIS EX Hi BIT WAS PREPARED FOR AN APPLICATION FOR A CONDITIONAL USE PERMIT TO THE CITY OF GRAPEVINE. IT IS
NOT CERT19ED FOR ANY OTHER USE.
NOTE PER CITY OF GRAPEVINE.
A. CONDITIONAL USE REQUEST CU11-14 IS A REQUEST TO AMEND THE PREVIOUSLY APPROVED SITE PLAN OF CU03-21
(ORD. 03-48) FORA DRIVE THROUGH WINDOW AND AN INCREASE IN THE ALLOWABLE CHANGEABLE COPY OF A SIGN,
SPECIFICALLY TO ALLOW THE POSSESSION, STORAGE, RETAIL SALE AND OFF -PREMISE CONSIMPTION OF
AL COHO.IC BEVERAGES {BEER AtdD WINE ONLY) ItJ CONJUNCTION WITH A RETAIL STORE.
B THE ENTIRE SITE IS THE PREMISE.
IVESTNORTHWEST HIGHWAY
(STATE HIGHWAY 114)
cmnemw-► wi*w
4 BtvcL
76054
Fax 8175".0792
rmyke4rc.com
A Landscape Survey of
Lot 1, Block 1,
BAN % I,)"AVS AID ITT
an addition to the City of Grapevine, Texas according to the plat thereof
recorded in Cabinet A, Slide 8706, Plat Records, Tarrant County, Texas
NOTES
Ism
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE SEARCH OR
ABSTRACT OF EASEMENTS. THERE MAY BE EASEMENTS AND/OR RIGHTS -OF -WAY
AFFECTING THIS PROPERTY WHICH ARE NOT SHOWN HEREON. -
THIS EXHIBIT WAS PREPARED FOR AN APPLICATION FOR A CONDITIONAL USE
PERMIT TO THE CITY OF GRAPEVINE. IT IS NOT CERTIFIED FOR ANY OTHER USE.
<—A
NOTE PER CITY OF GRAPEVINE:
2Zz S.
A. CONDITIONAL USE REQUEST CU 11-14 IS A REQUEST TO AMEND THE
PREVIOUSLY APPROVED SITE PLAN OF CU03-21 (ORD. 03-48) FOR A DRIVE
THROUGH WINDOW AND AN INCREASE IN THE ALLOWABLE CHANGEABLE
Men's
Trami� IRCOPY
OF A SIGN, SPECIFICALLY TO ALLOW THE POSSESSION, STORAGE,
RETAIL SALE AND OFF -PREMISE CONSIMPTION OF ALCOHOLIC BEVERAGES
(BEER AND WINE ONLY) IN CONJUNCTION WITH A RETAIL STORE.
E&pp—
B. THE ENTIRE SITE IS THE PREMISE.
IP O.S. capawnies)
YVomen's
Rest —
Office
0 10 20 30 40
Graphic Scale in Feat
SITE DATA:
BUILDING HEIGHT: ONE STORY 25 to 28 FEET
MAXIMUM: TWO STORY 35)
TOTAL BUILDING AREA 14,286 SF (EXT. FOOTPRINT);
PAVED AREA: 72,378 SF TOTAL IMPERVIOUS
SURFACE: 71,090 SF 65% OF LOT (MAXIMUM 85%)
CASE NAME: WALGREENS
CASE NUMBER: CU11.14
General Stock
& Storage
LOCATION: 912 WEST NORTHWEST HM
TOTAL FRONT YARD OPEN SPACE (LANDSCAPED
AREA) 27,593 SF 25% OF TOTAL LOT (MINIMUM:
15%)
MAYOR SECRETARY
4 HANDICAP ACCESSIBLE PARKING SPACES
DATE:
PLANNING AND ZONING COMMISSION
Q
CHAIRMAN
CL
❑
DATE:
N
0
SHEET _ OF _
APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY
WCODES
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OR ORDNANCES.
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EXISTING MONUMENT SIGN ELEVATION
Surveyint Inc.
147.4'
SCALE 1' = 4'
ReWerrW . CiOl mn;tW - Mumapai
430 Mid Cities Blvd.
/ Metal Frarc Sign `
\\
t, Terse 78054
LONt. 1052 Fax 817.577.0792
87
LED
MARQUEE
A Floor Layout Schematic of
T
Lot 1, Block 1,
DRIVE-THRU PHARMACY
�Mase xy 8ase�-- DEAN /
Ij-%AIS ADTF)1`10N
an addition to the
City of Grapevine, Texas according to the plat thereof
recorded in Cabinet A, Slide 8706, Plat Records, Tarrant County, Texas